Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · May 4, 2016
Agenda
AGENDA
MAY 4. 2016
BOARD OF TRUSTEES
VILLAGE OF BRIARCLIFF MANOR, NEW YORK
REGULAR MEETING - 8:00 PM
Board of Trustees Announcements
Village Managers Report
Public Gomments
1. Downtown Urban Design and Planning Study and Pace University Re-Use
Study Presentation by Sarah Yackel of Buckhurst, Fish & Jacquemart
2. Appoint Village Counsel
3. Award of Bid - Athletic Field Maintenance Services
4. Fire Department Memberships
5. Minutes
. March 2,2016 - Regular Meeting
o March 16,2016 - Regular Meeting
. April 6,2016 - Organizational Meeting
o April 6,2016 - Regular Meeting
NEXT REGULAR BOARD OF TRUSTEES MEETING . MAY 18,2016
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
MAY 4,2016
2. APPOINTMENT OF VILLAGE COUNSEL
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby appoints Clinton Smith as Village Counselfor a term to expire on the first
Monday of April 2017.
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
MAY 4, 2016
3. AWARD OF BID -ATHLETIC FIELD TURF MAINTENANCE SERVICES
WHEREAS the Village received 4 qualified bids for the Athletic Field Turf
Maintenance Services Project; and
WHEREAS funding for this project will be charged to A7110.460; and
NOW, THEREFORE, BE lT RESOLVED that the bid for the Athletic Field Turf
Maintenance Services Project is hereby awarded to the lowest responsible
bidder Tri Turf lnc. with their bid proposal of $27,500 per year with a three year
total of $82,500; and
BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and
directed to execute a contract with Tri Tud lnc. for said project.
1111 PLEASANTVILLE ROAD
VILLAGE OF BRIARCLIFF MANOR, N.Y. I051O
BRIARCLIFF MANOR TELEPHONE: (914) 941_4800
www. briarcl iffman or. orq
(er4) s414837
ËùrÞLig:
MEMORANDUM r'(-/f
April19,2016 L-c-r\i> ô
À. BÒT L\
To: Philip E. Zegarelli - Village Manager
K
From: David J. Turiano, p.E. QpltúO V *
Re Athletic Field Turf Maintenance Services _ Club
n April 14,2016 at 1 r:00 a.m. for the above referenced project.
were christine Dennett, village clerk, and Kyle peterson
of
t. v/ork includes but is not limited to, soil tesiing, Fertiliza_
tion/insect control, Nutrient management, Aeriation, Topdressing
& V/inteî over-seeding
at the Club Field
.
This project was bid on an item/quantity basis for each of the
following fiscal years:
201612017,201712018,207812019. Four proposals were received
from vendors known to
perform this type of work.
Bidder Yr.1 Total (3Yrs)
Bid Amount
Ballard Construction, Inc $46,070.00 $ 13 8,210.00
Landtek Inc. $35,730.00 $110,435.00
Tri Turf Inc. $27,500.00 $ 82,500.00
Athletic Field LLC $36,750.00 $ i40,513.32
The lowest bidder for this work is Tri Turf Incorporated of
Shoreham, New york, with a
total bid price of Eighty Two Thousand Five Hundred dollars ($g2,50b.0oioì".
three (3)
years, or 27,500 for each ofthe three (3) years.
Reference checks were performed on the low bidder. The checks
include speaking to
representatives from_the Chappaqua School District, Edgemont
School District and the
Nofh Shore Long Island School District. In each instan-ce Tri-Turf performed
similar
turf maintenance services and were well recommended. It should
be noted that Tri-Turf
has provided certain turf maintenance treatments for the
Village at McCrum f,i.t¿ tt ut
were very successful.
2
In addition to fertilization and other applications, a significant portion of the work in-
cludes "mechanical treatments" such as core-aeration and deep-1itr. spiking. In this re-
gard, Tri-Turf is an industry leader as they own and operate specialty equifment to per-
form such work.
Based on the above, it is my recommendation that the Viltage award the three year con-
tract to Tri Turf Inc. of Shoreham, NY with a total bid price of Eighty Two Thôusand
Five Hundred dollars ($82,500.00).
Please note that the adopted budget for FY 201612017 includes $33,000 in code
1^7t10.460
Please feel free to contact me if you have any questions with the above.
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
MAY 4, 2016
4. FIRE DEPARTMENT MEMBERSH¡PS
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the membership of Max L. Mason to the Briarcliff Manor Hook
& Ladder Company.
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the under 18 membership of Adrian Bugnacki to the Briarcliff
Manor Hook & Ladder Company.
DENNIS L, REILLY, CHIEF
Briarcliff Manor ROBERT M. GARCIA, 1.IASSI. GhiEf
Fire Department PETER J. FULFREE, 2,'d ASSt. ChiEf
1111 Pleasantville Road Emergency 911
Briarcliff Manor, NY 10510 Chief's Office (914) 941-0879
Fax (914\ 944-2758
Office of the Chief
oPcn¡lzÉo E-mail: fdchief@briarcliffmanor.org
,9ol
DATE March 3'J.,201.6
TO Christine Dennett, Village Clerk
Briarcliff Manor Board of Trustee's
FROM Chief Dennis Reilly - Briarcliff Manor Fire Department
SUBIECT: NEW MEMBER - Request for Village Approval
Honorable Mayor and Trustees;
Max L. Mason, born February L1.,1995 and residing at 25 Satinwood Lane, Briarcliff Manor,
NY has applied for membership in the Briarcliff Manor Fire Department.
The applicant listed above, has been vetted by the Hook & Ladder Membership Committee
and determined to meet the criteria set forth by the Briarcliff Manor Fire Department.
FURTHERMORE, the Chief of Department has performed an Arson Background Check on
said member who has been found to have NO record of Arson Conviction.
The Chief of Department Requests that the Village of Briarcliff Board of Trustee's approve
the application set before you and send such confirmation to Chiefs Office at your earliest
convenience.
Thank for your ce.
Dated: March 3'J,, 201,6
artment
.l L{.
ltú
Ho o Ladder Dated
q-ps-tb
vil - Christine Dennett Dated
DENNIS L. REILLY, CHIEF
Briarcliff Manor ROBERT M. GARCIA, l'r Asst. Chief
Fire Department PETER J. FULFREE, 2nd Asst. Chiêf
1 111 Pleasantville Road Emergency 911
Briarcliff Manor, NY 10510 Chiefs Office (914) 941-0879
Fax (914)944-2758
Office of the Chief
E-mail: fdchief@briarcliffmanor.org
-'{ìr,, I '
DATE March 7,201,6
TO: Christine Dennett, Village Clerk
Briarcliff Manor Board of Trustee's
FROM: Chief Dennis Reilly - Briarcliff Manor Fire Department
SUBJECT: NEW MEMBER - Request for Vilìage Approval
Honorable Mayor and Trustees;
Adrian Bugnacki, born April 10,L999 and residingat9OZ Pleasantville Road, Briarcliff
Manor, NY has applied for membership in the Briarcliff Manor Fire Department.
The applicant listed above, has been vetted by the Hook & Ladder Membership Committee
and determined to meet the criteria set forth by the Briarcliff Manor Fire Department.
FURTHERMORE, the Chief of Department has performed an Arson Background Check on
said member who has been found to have NO record of Arson Conviction.
The Chief of Department Requests that the Village of Briarcliff Board of Trustee's approve
the application set before you and send such confirmation to Chiefs Office at your earliest
convenience.
FURTHERMORE, the Chief of Department has met with the Parent(s) of the applicant, who has signed
and certified the Consent and Release Form for the Applicant. The Chief of Department Requests that
the Village of Briarcliff Board of Trustee's approve the application set before you and send such
confirmation to Chiefs Office at your earliest convenience
you for your assistance
Dated: March 7,2076
ent
4
Ladder Dated
¿t-â.Ç -/ tl
- Christine Dennett Dated
BRIARCLIFF MANOR F¡RE DEPARTMENT
FOR OFFICE USE
1111 Pleasantville Rd, Briarcliff Manor, Ny 10510
MEMBER ID #
UNDER 18 NEW APPLICANT
¡r!i:'. PARENTAL CONSENT AND RELEASE FORM
We, the parents or legal guardians of (hereinafter known as the "applicant") are aware
that the applicant wishes to join the Briarcliff Manor Fire Department (hereinafter known as the "Department").
We
understand thatthis signed consent bythe parents or legalguardians and the applicant is required as a prerequ¡site
of the
applicant's acceptance into membership in the Department because the applicant has not yet attained Lg years
of age.
We understand that membership in the Department is an inherently hazardous undertaking.
We understand that the applicant will be required to attend such training courses as are required by the Chief of
the
Department, and will become familiar with, and adhere to, the bylaws of the department.
We understand that the applicant will be subject to the orders of the Departmental Chiefs and Officers of the
company to
which the applicant is assigned, both in the firehouse and at all alarms.
We have been provided with and have read and fully understand the Rules and Regulations governing activities permitted
for members of the Department that are under 18 years of age.
By signing a copy of this consent and release form, we hereby acknowledge that, pursuant to section 19
of the volunteer
firefighters benefit law, the benefits provided by the volunteer firefighters benefit law shall be the exclusive remedy
of the
applicant, or his or her spouse, parents, dependents, next of kin, executor or administrator, or anyone otherwise entitled
to
recover damages, at common law or otherwise, for or on accouiìt of an injury to the applicant in the line of duty or
death
resulting from an injury to the applicant in the line of duty, as against the Village of Briarcliff Manor, its employees
or
agents, and any person or agency acting under governmental or statutory author¡ty in furtherance of the duties or activities
in relation to which any such injury resulted.
This consent and release form must be signed by the applicant and parents or guardians of the applicant and all signatures
must be notarized.
SIGNATURES MUST BE WITATESSED BY A NOTARY PUBLIC
Parent/Guardian L - PRTNT NAME Parent/Guardian 1 - SIGN NAME
fY !h e L€ F¿r
2
'\J-SJ2o-4
nt/Guardian - PRINT NAME u 2- E
Applicant - PRINT NAME nt- E
(\¡ á vr U qL L"\U
U18 CONSENT & RELEASE FORM . PAGE LOF 2
APPLI NÏ NAME; ò.\ n \hr MEMBER ID#
PARENT/GIJARDIAN 7
(STATE OF NEW YORK
( COUNTY OF WESTCHESTER )ss.
î
on the Ç ary ot in the year 20 11. , before me the undersigned, personally appeare.d
\,,^**, CI¿n. r personally known to me on the basis of satisfactory evidence to be the
indivÏdual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the ¡nstrument, the individual(s)
orthe perso n on behalf dual(s) acted executed the instrument.
ALISSA L T GRANÍ
Notary Public - State of New York
NO. 01 GR6263462
Qualified ìn Westthe c
My Commission ExPires Notary Public
PARENT/GUARDIAN 2
(STATE OF NEW YORK
(couNTY oF wEsTcH ESTER )ss
I
on the
t o.y ot l,u-- in the year 20'"
t^,
, before me the undersigned, personally appeared
Þ \\ IW
personally knorryn to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me th¿i he/she/they
executed the same in his/her/their capacity(ies), and that L';, i¡is/her/their signature(s) on the instrument, the individual(s)
or the person on behali'of which the individual(s) acted executed the instrument.
ALISSA L T G RANT
NoÌary pubiic _ State
_
of New york
N0. 01cR626 3462
{
-. Uualifiecf in Weslchs
Stgr 0nr¡ntv Notary Public
?T:ry+,-"o,rtr,,4iw,.z
APPLICANT
(STATE OF NEW YORK
(couNTY oF wEsTcH )ss.
in the year zúJ,before me the undersigned, personally appeared
V ûüt- t-
personally known to me on the basis of sat¡sfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
), and that by his/her/their signature(s) on the instrument, the individual(s)
or ) acted executed the instrument.
^qlb€r!
N0.01GR6263462
0ualilied in Westchcs
l\l'i Corirnissicin ExPires e* /fL-
Notary Public
U18 CONSENT & RELEASE FORM . PAGE 2OF 2
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
MAY 4, 2016
5. MINUTES
o March 2,2016 - Regular Meeting
. March 16,2016 - Regular Meeting
. April 6,2016 - Organizational Meeting
. April 6,2016 - Regular Meeting
Village Board of Trustees
Regular Meeting
March 2,2016
8:00 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held in the Village of Briarcliff Manor Village Hall, at 1111
Pleasantville Road, Briarcliff Manor, New York on the 2nd of March, 2016
commencing at 8:00 p.m.
Present
LoriA. Sullivan, Mayor
Mark Pohar, Deputy Mayor
Cesare DeRose, Jr. Trustee
Mark L. Wilson, Trustee
Bryan Zirman, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Board of Trustees Announ nts bv Trustee Wilson
o The Board welcomed Troop 18 of Briarcliff to the meeting.
. The Library has many upcoming programs and events. Visít their website
for more information.
. ln February the Fire Department had 32 calls and 38 EMS calls.
. Narcan is now on the ambulances.
o Ossining is covering the EMT services
. Day camp dates are set for 2016
o A multi-sport camp will be offered.
. The Recreation Spring brochure will be out shortly.
. All residents are encouraged to sign up for the weekly email blast.
Contact Village Clerk to be added. Keep yourself informed.
Village Manaqers Report bv Villaqe Manager Zeqarelli
. Law Park update: The roof was demolished and the bathhouse level will
begin soon and will be open for Memorial Day.
o The Recreation Advisory Committee will hold a meeting to get input on the
Pavilion rebuild on March 29th at 7:30pm.
o The Community Center walls are being enclosed and the staircase should
be delivered soon.
. The Pump Station and Comfort Station testing is undenruay.
o March 15,2016 is the Annual Village Election at the Youth Center from
6am-9pm.
1
. A meetíng will be held in Pleasantville on March 7th at 7pm regarding the
work on the Saw Mill River Parkway.
. The new Treasuer, Ed Ritter started on Februa ry 22nd.
. Sonja Goldstein-Suss is retiring from the Village. Thank you to her for all
her years of hard work.
Public Comments
There were no public comments.
with Buckhurst. Fish and Jacou rt for Planninq Consultinq Services
The Board requested Village Manager Zegarelli reach out to Pace to see if there
are any other proposed uses or buyers.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution as amended:
BE lT RESOLVED that the Village Manager is hereby authorized and directed to
execute on behalf of the Village a Professional Services Agreement with
Buckhurst, Fish and Jacquemart for Planning Consulting Services to prepare a
Pace Uníversity Re-Use Study and a Downtown Urban Design and Planning
Study as per their proposals totaling $12,000.
Amend Master Fee Schedule Recreation
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
BE lT RESOLVED that the Board of Trustees does hereby amend the
Master Fee Schedule for the Village of Briarcliff Manor as follows:
2
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Schedule a Public Hearinq for a Local Law to Amend Chapter 54 with
Respect to Residencv Requirements for Appointed Officers and for the
Police Chief and Lieutenant
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the following resolution as amended:
BE lT RESOLVED that a Public Hearing is hereby scheduled for the April 6,
2016 at 8:00pm Board of Trustees meeting to hear and discuss a proposed
local law to amend Chapter 54 of the Code of the Village of Briarcliff Manor
with respect to Residency Requirements for Appointed Officers and the Police
Chief and Lieutenants.
Fire Department Membership - Rodriquez
The Board thanked Mr. Rodriguezfor volunteering.
J
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the membership of David Rodriguez to the Scarborough
Engine Company.
Adiournment
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to adjourn the regular meeting at 8:44pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
4
Village Board of Trustees
Regular Meeting
March 16,2016
8:00 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held in the Village of Briarcliff Manor Village Hall, at 1111
Pleasantville Road, Briarcliff Manor, New York on the 16th of March, 2016
commencing at 8:00 p.m.
Present
LoriA. Sullivan, Mayor
Mark Pohar, Deputy Mayor
Cesare DeRose, Jr. Trustee
Mark L. Wilson, Trustee
Bryan Zirman, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Board of Trustees Announcements by Trustee Zirman
. Congratulations to Trustee's DeRose and Pohar on their reelection.
. Please enroll in the Village's weekly email blast to keep informed.
o The Library is very busy with upcoming programs. Their new brochure is
available on their website.
o The Spring/Summer Brochure for Recreation is available on the website.
o The Day Camp dates are July Sth through August 5th. Registration is
undenruay.
. Multi-sport camps will be offered.
. The Spring Egg Hunt will be on March 26th.
Villaqe Managers Report by Villaqe Manaqer Zeqarelli
. Law Park update: The fencing was put up around the pavilion and it will be
painted to camouflage the construction work. The bathhouse levelwill be
rehabilitated and open for Memorial Day. A concessionaire will be at the
lower level. A full rebuild will begin after Community Day.
. The Recreation Advisory Committee will hold a meeting to get input on the
Pavilion rebuild on March 29th at 7:30pm.
o The Community Center furniture is ordered.
. The Pump Station and Comfort Station are having the stucco added.
. The Westchester County Mobile Shredder will be at the Youth Center on
April 9th from 10am-1pm.
I
. Several projects will be occurring on Pleasantville Road. Residents are
asked to be cooperative.
. The Tri-Village Water Project agreement is nearing completion.
. The budget for FY16-17 is due by March 20th.
Public Comments
There were no public comments
Presentation bv Monte Nido
Mayor Sullivan stated the Board requested the proposed buyer of 233 Pine Road
give a presentation on the intended use of the property. She stated the session
was informational only and if appropriate a public meeting would be held.
Mr. David Steinmetz, Attorney representing Monte Nido, explained the proposed
use of 233 Pine Road and stated it would be a Community Residence for
adolescent girls suffering from an eating disorder.
Mayor Sullivan stated the Board needed to digest what they heard and if they
thought a further meeting was needed they would schedule it.
Amend Master Fee Schedule
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED that the Board of Trustees does hereby amend the Master
Fee Schedule for the Village of Briarcliff Manor as attached.
Schedulinq Annual Orqanizational Meetinq & Tentative Budqet Public
Hearing
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
ANNUAL ORGANIZATIONAL MEETING
BE lT RESOLVED, that the Annual Organizational Meeting of the Board of
Trustees is hereby scheduled for Wednesday, April 6, 2016 at 7:30 pm.
2016.2017 TENTATIVE BUDGET PUBLIC HEARING
BE lT RESOLVED, that a Public Hearing for the 2016-2017 Tentative Budget is
hereby scheduled for Wednesday, April 6, 2016 at 8:00 pm.
Fire Department Membership - Hennessv
2
The Board thanked Ms. Hennessy for volunteering
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the membership of Jane Hennessy to the Briarcliff Fire
Company.
Confirm Villaqe Manaqer and Arbitrator's Decision to Terminate a Villaqe
Emplovee
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
WHEREAS, by resolution dated September 24,2015, the Board
authorized the appointment of Steven Kasarda as a Hearing Officer to conduct a
Civil Service Law Section 75 Hearing involving an Employee; and
WHEREAS, by letter dated September 25,2015, the Employee was
notified of the Section 75 charges ("the Charges"); and
WHEREAS, by letter dated October 6,2015, the Hearing Officer was
notified that he was to conduct a hearing on the Charges and that he was to
submit the record of the hearing, along with his recommendations, for Board
review and decision; and
WHEREAS, a hearing was held on October 26,2015 regarding whether
the Employee was guilty of the conduct alleged in the Charges;
WHEREAS, in an lnterim Report and Recommendation dated December
20,2015, the Hearing Officer found the Employee guilty of Charge 1,
Specifications 1 ,2, and 3 and Charge 2, Specifications 1, 3 and 4, and found the
Employee not guilty of Charge 2, Specification 2; and
WHEREAS, the hearing continued on February 1,2016 regarding the
appropriate penalty, if any, to be recommended by the Hearing Officer; and
WHEREAS, in a Report and Recommendation dated March 10, 2016, the
Hearing Officer recommended that the Employee be terminated from his position;
and
WHEREAS, the Board has reviewed the record of the hearing íncluding
the transcript, exhibits and post-hearing memoranda submitted by both parties;
and
J
WHEREAS, the Board has reviewed and considered the Hearing Officer's
lnterim Report and Recommendation and the Report and Recommendation.
NOW, BE lT RESOLVED, the Board hereby accepts in its entirety the
Hearing Officer's lnterim Report and Recommendation and the Report and
Recommendation in the Civil Service Law Section 75 disciplinary hearing; and
BE lT FURTHER RESOLVED, that the employment of the Employee will
be terminated effective March 16,2016.
Award of Bid
Wilderness Wav & Lewiston Court Lift Stations Electrical Upqrades
Upon motion by Trustee Wilson, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
WHEREAS the Village received 6 qualified bids for the Wilderness Way &
Lewiston Court Lift Stations Electrical Upgrades Project (VM-1415-11); and
NOW, THEREFORE, BE lT RESOLVED that the bid for the Wilderness Way &
Lewiston Court Lift Stations Electrical Upgrades Project (VM-1415-11) is hereby
awarded to the lowest responsible bidder Talt Electric with their bid proposal of
$287,000; and
BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and
directed to execute a contract with Talt Electric for said project.
Wilderness Way & Lewiston Gourt Lift Stations Panel Procurement
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the following resolution:
WHEREAS the Village received 5 qualified bids for the Wilderness Way &
Lewiston Court Lift Stations Panel Procurement Project (VM-1516-5); and
NOW, THEREFORE, BE lT RESOLVED that the bid for the Wilderness Way &
Lewiston Court Lift Stations Panel Procurement Project (VM-1516-5) is hereby
awarded to the lowest responsible bidder Elm Electrical with their bid proposal of
$22,044; and
BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and
directed to execute a contract with Elm Electrical for said project.
Recreation Advisorv Gomm ittee Appointment
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to appoint Zachary Giampa to fill the unexpired term of Bryan
Zirman to expire April 1 ,2016.
4
Adiournment
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to adjourn the regular meeting at 9:32pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
5
Village of Briarcliff Manor
Organizational Meeting
Wednesday, April 6, 2016
The Organization Meeting of the Board of Trustees of the Village of Briarcliff Manor was
held in the Village of Briarcliff Manor, Municipal Building, at 1111 Pleasantville Road,
Briarcliff Manor, New York, on the Wednesday, the 6tn day of April 2016, commencing
at 7:30 p.m.
Present
LoriA. Sullivan, Mayor
Mark Pohar, Deputy Mayor
Cesare DeRose, Jr. Trustee
Mark L. Wilson, Trustee
Bryan Zirman, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Edward Ritter, Village Treasurer
Swearinq in of the Newlv Elected Officials:
Village Clerk Christine Dennett swore in Cesare DeRose, Jr. as Trustee and Mark
Pohar as Trustee both with terms expiring in two (2) years.
Mayoral Appointments:
Upon motion by Trustee Wilson, seconded by Trustee DeRose, the Board voted to
confirm the following appointments:
Deputy Mayor Mark Pohar 1 year
Board Liaisons:
Westchester Cou nty Mu nicipal
Officials Association LoriA. Sullivan 1 year
Town Government Lori A. Sullivan 1year
County Government Mark L. Wilson 1 year
State Government Mark L. Wilson 1 year
Recreation Committee Bryan Zirman 1 year
Conservation Advisory Cou ncil Cesare DeRose, Jr. 1 year
Library Board Lori A. Sullivan 1 year
School Boards Mark Pohar 1 year
Historic River Towns of Westchester Mark L. Wilson 1 yeat
Media & Telecommunications Mark L. Wilson 1 yeat
Business District Liaison Bryan Zirman 1 yeat
Fire Dept. Liaison Mark Pohar 1 year
Fire Dept. Liaison Cesare DeRose, Jr. 1 year
Scarborough/Briarcliff Manor
Historical Society Bryan Zirman 1 year
1
Park DevelopmenUlmprovement Bryan Zirman 1 year
Point Trustees/Villaqe's Maior Goals:
lnfrastructure Long Term Planning Mark Pohar
Update Local Code Lori A. Sullivan
ARAC-Revise/Estab. Comm. Design Cesare DeRose, Jr
Explore Village/Town Bryan Zirman
Tax Savings/Efficiency I n itiatives Mark L. Wilson
Announcement of the Followinq Board of Trustees Appointments:
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board voted
unanimously to approve the following terms to begin on April 6,2016 and to expire at
noon on the first Monday of April of their respective years:
Board of Police Commissioners Board of Trustees 1 year
Board of Fire Commissioners Board of Trustees 1 year
Village Manager Philip Zegarelli 1 year
Deputy Village Clerk Philip Zegarelli 1 year
Deputy Registrar of Vital Statistics Philip Zegarelli 1 year
Village Historian Karen Smith 1 year
Acting Village Justice Laurie Sullivan 1 year
Aooointments to Villao e Boards and Commissions:
Upon motion by Deputy Mayor Pohar, seconded by Trustee Wilson, the Board voted
unanimously to approve the following:
Plannin Board
a) Chairp rson Edward Nolan 1 year
b) Member Shelley Lotter 5 years
c) Alternate Sabine Werner 1 year
Zoning Board of Appeals
a) Chairperson Christopher Bogart l year
b) Member John O'Leary 5 years
Library Board
a) Member Glenn Pacchiana 12131l20expiration
Recreatio n Advisory Co m mittee
a) Chairperson Georgina Gualdino l year
b) Member Zach Giampa 3 years
c) Member Georgina Gualdino 3 years
d) Member Ann Zimmerman 3 years
(BM)
e) Student Jack Zimmerman l year
f) (OS)
Student Jake Emerick l year
Ethics Board
a) Chairperson Anthony Capasso l year
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b) Member Philip Zegarelli 1 year
Tree Preseruation
a) Member-V.M Philip Zegarelli 1 year
b) Member-P.B Edward Nolan 1 year
Arch itectu ral Review Advisory Com mittee
a) Chairperson Joseph Pastore l year
b) Member Joseph Pastore 3 years
Dates of Reqular Meetinqs
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board voted
unanimously to approve the following regular meeting dates:
The Village Board of Trustees regular meetings are held on the first and third
Wednesday of each month at 8:00 p.m. with a work session before each meeting
beginning at 7:00p.m. An additional work session will be held on the fourth Wednesday
of each month beginning at 7:00p.m.
Desiqnation of Banks for the Deposit of Villaqe Funds:
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following designation of banks:
a. JP Morgan Chase
b. Wells Fargo Bank, NA
c. Fidelity
d. TD Bank
e. Greater Hudson Bank
Desiqnation of Official Village Newspapers:
Upon motion by Trustee DeRose, seconded by Deputy Mayor Pohar, the Board voted
unanimously to designate the following newspapers:
a. Journal News
b. The Gazette
Procurement Policv:
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board voted
unanimously to approve the following Procurement Policy:
PROCUREMENT POUCY FOR THE VILLAGE BRIARCLIFF MANOR
1. Every purchase to be made must be initially reviewed to determine
whether it is a purchase contract or a public works contract. Once that
determination is made, a good faith effort will be made to determine
whether it is known or can reasonably be expected that the aggregate
a
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amount to be spent on the item of supply or service is not subject to
competitive bidding, taking into account past purchases and the
aggregate amount to be spent in a year. The following items are not
subject to competitive bidding pursuant to Section 103 of the General
Municipal Law: purchase contracts under $20,000 (eg. Equipment,
materials, supplies, etc.) and public works contracts under $35,000;
emergency purchases; certain municipal hospital purchases; goods
purchased from agencies for the blind or severely handicapped; goods
purchased from correctional institutions; purchases under State and
country contracts; and surplus and second-hand purchases from another
governmental entity.
The decision that a purchase is not subject to competitive bidding will be
documented in writing by the individual making the purchase. This documentation
may include written or verbal quotes from vendors, a memo from the purchaser
indicating how the decision was arrived at, a copy of the contract indicating the
source which makes the item or service exempt, a memo from the purchaser
detailing the circumstances which led to an emergency purchase, or any other
written documentation that is appropriate.
2. All goods and services will be secured by use of written requests for
proposals, written quotations, verbal quotations, or any other method that
assures that goods will be purchased at the lowest price and that
favoritism will be avoided, except in the following circumstances; purchase
contracts over $20,000 and public works contracts over $35,000; goods
purchased from agencies for the blind or severely handicapped pursuant
to Section 175b of the State Finance Law; goods purchased from
correctional institutions pursuant to Section 186 of the Correction Law;
purchases under State contracts pursuant to Section 104 of the General
Municipal Law; purchases under county contracts pursuant to Section
103(3) of the General Municipal Law; or purchases pursuant to
subdivision 6 of this policy.
3. The following method of purchase will be used when required by this
policy in order to achieve the highest savings:
Estimated Amount of
Purchase Contract Method
$ 500-2,999 Minimum of three verbal quotations
$3,000-19,999 Minimum of three written/fax quotations or written request for
proposals
Estimated Amount of
Public Works Contract Method
$ 500-2,999
$3,000-34,ggg Minimum of three written/fax quotations or
written request
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for proposals
A good faith effort shall be made to obtain the required number of proposals or
quotations. lf the purchaser is unable to obtain the required number of proposals or
quotations, the purchaser will document the attempt made at obtaining the proposals
ln no event shall the failure to obtain the proposals be a bar to the procurement.
4. Documentation is required of each action taken in connection with each
procurement.
5. Documentation and an explanation are required whenever a contract is
awarded to other than the lowest responsible offeror. This documentation
will include an explanation of how the award will achieve savings or how
the offeror was not responsible. A determination that the offeror is not
responsible shall be made by the purchaser and may not be challenged
under any circumstances.
6. Pursuant to General Municipal Law Section 104-b(2xf), the procurement
policy may contain circumstances when, or types of procurements for
which, in the discretion of the Village Manager, the solicitation of
alternative proposals or quotations will not be in the best interest of the
municipality. ln the following circumstances it may not be in the best
interests of the Village of Briarcliff Manor to solicit quotations or document
the basis for not acceptíng the lowest bid.
a. Professional servíces or services requiring special or technical skill,
training or expertise. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgment, integrity and moral worth. These
qualifications are not necessarily found in the individual or
company that offers the lowest price and the nature of these
services are such that they do not readily lend themselves to
competitive procurement proced u res.
ln determining whether a service fits into this category the Village Manager
shall take into consideration the following guidelines: (a) whether the services
are subject to State licensing or testing requirements; (b) whether substantial
formal education or training is a necessary prerequisite to the performance of
the services; and (c) whether the services require a personal relationship
between the individual and municipal officials. Professional or technical
services shall include but not be limited to the following: services of an
attorney: services of a physician; technical services of an engineer engaged
to prepare plans, maps and estimates; securing insurance coverage and/or
services of an insurance broker; services of a certified public accountant;
investment management services; printing services involving extensive
writing, editing or art work; management of municipally owned property; and
computer software or programming services for customized programs, or
services involved in substantial modification and customizing or pre-packaged
software.
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b. Emergency purchases pursuant to Section 103(4) of the General
Municipal Law. Due to the nature of this exception, these goods or
services must be purchased immediately and a delay in order to
seek alternate proposals may threaten the life, health, safety or
welfare of the residents. This section does not preclude alternate
proposals if time permits.
c. Purchases of surplus and second-hand goods from any source. lf
alternate proposals are required, the Village of Briarcliff Manor is
precluded from purchasing surplus and second-hand goods at
auctions or through specific advertised sources where the best
prices are usually obtained. lt is also difficult to try to compare
prices of used goods and a lower price may indicate an older
product.
d. Goods or services under $500. The time and documentation
required to purchase through this polícy may be more costly than
the item itself and would, therefore, not be in the best interests of
the taxpayer. ln addition, it is not likely that such de minimis
contracts would be awarded based on favoritism.
7. This policy shall go into effect January 1, 1992, was amended April 7,
2010 and April 9,2014 and will be reviewed annually.
lnvestment Policv
Upon motion by Trustee Wilson, seconded by Trustee DeRose, the Board voted
unanimously to approve the following investment policy:
INVESTMENT POLICY
OF THE VILLAGE OF BRIARCLIFF MANOR
I. SCOPE
Thís investment policy applies to all monies and other financial resources
available for investment on its own behalf or on behalf of any other entity or
individual.
II. OBJECTIVES
The primary objectives of the Village's investment activities are, in priority
order,
. To conform with all applicable federal, state and other legal requirements
(legal);
. To adequately safeguard principal (safety);
o To provide sufficíent liquidity to meet all operating requirements (liquidity);
and
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o To obtain a reasonable rate of return (yield)
III. DELEGATION OF AUTHORITY
The village board's responsibility for administration of the investment program
is delegated to the Treasurer who shall establish written procedures for the
operation of the investment program consistent with these investment
guidelines. Such procedures shall include an adequate internal control
structure to provide a satisfactory level of accountability based on a data
base or records incorporating description and amounts of investment,
transaction dates, and other relevant information and regulate the activities of
subordinate em ployees.
IV. PRUDENCE
All participants in the investment process shall seek to act responsibly as
custodians of the public trust and shall avoid any transaction that might impair
confidence in the Village to govern effectively.
lnvestments shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for
investment, considering the safety of the principal as well as the probable
income to be derived.
All participants involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment
program, or which could impair their ability to make impartial investment
decisions.
V. DIVERSIFICATION
It is the polícy of the Village to díversify its deposits and investments by
financial instítution, by investment instrument, and by maturity scheduling
VI. INTERNAL CONTROLS
The Treasurer is responsible for establishing and maintainíng an internal
control structure to provide reasonable, but not absolute, assurance that
deposits and investments are safeguarded against loss from unauthorized
use or disposition, that transactions are executed in accordance with
management's authorization and recorded properly, and is managed in
compliance with applicable laws and regulations.
VII. DESIGNATION OF DEPOSITARIES
The banks and trust companies authorized for the deposit of monies shall be
designated annually at the April Board of Trustee meeting.
VI¡I. COLLATERALIZING OF DEPOSITS
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ln accordance with the provisions of General Municipal Law, $10, all deposits
of Village, including certificates of deposit and special time deposits, in
excess of the amount insured under the provisions of the Federal Deposit
lnsurance Act shall be secured:
1. By a pledge of "eligible securities" with an aggregate "market value", or
provided by General Municipal Law, $10, equal to the aggregate amount
of deposits from the categories designated Appendix A to the policy.
2. By an eligible "irrevocable letter of credit" issued by a qualified bank other
than the bank with the deposits in favor of the government for a term not
to exceed 90 days with an aggregate value equal lo 140o/o of the
aggregate amount of deposits and the agreed upon interest, if any. A
qualified bank is one whose commercial paper and other unsecured short-
term debt obligations are rated in one of the three highest rating
categories by at least one nationally recognized statistical rating
organization or by a bank that is in compliance with applicable federal
minimum risk-based capital requirements.
3. By an eligible surety bond payable to the government for an amount at
least equal to 100% of the aggregate amount of deposits and the agreed
upon interest, if any, executed by an insurance company authorized to do
business in New York State, whose claims-paying ability is rated in the
highest rating category by at least two nationally recognized statistical
rating organizations. The terms and conditions of any eligible surety shall
be approved by the governing board.
4. An "irrevocable letter of credit" issued in favor of the government by a federal
home loan bank whose commercial paper and other unsecured short-term
debt obligations are rated in the highest rating category by at least one
nationally recognized statistical rating organization, as security for the
payment of 100 percent of the aggregate amount of deposits and the
agreed-upon interest, if any.
IX. SAFEKEEPING AND COLLATERALIZATION
Eligible securities used for collateralizing deposits shall be held by the bank
or trust company subject to security and custodial agreements.
The security agreement shall provide that eligible securities are being
pledged to secure Village deposits together with agreed upon interest, if any,
and any costs or expenses arising out of the collection of such deposits upon
default. lt shall also provide the conditions under which the securities may be
sold, presents for payment, substituted or released and the events which will
enable the Village to exercise its rights against the pledged securities. ln the
event that the securities are not registered or inscribed in the name of the
Village, such securities shall be delivered in a form suitable for transfer.
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The custodial agreement shall provide that securities held by the bank, or
trust company, or agent of and custodían for, the Village, will be kept
separate and apart from the general assets of the custodial bank or trust
company and will not, in any circumstances, be commingled with or become
part of the backing for any other deposit or other liabilities. The agreement
should also describe that the custodian shall confirm the receipt, substitution
or release of securities. The agreement shall provide for the frequency of
revaluation of eligible securities and for the substitution of securities when a
change in the rating of a security may cause ineligibility. Such agreement
shall include all provisions necessary to provide the Village a perfected
interest in the securities.
X. PERMITTED INVESTMENTS
As authorízed by General Munícipal Law, $11, the Village authorizes the
Treasurer to invest monies not required for immediate expenditure for terms
not to exceed its projected cash flow needs in the following types of
investments:
. Special time deposit accounts,
. Certificate of deposit;
. Obligations of the United States of America;
. Obligations guaranteed by agencies of the United States of
America where the payment of principal and interest are guaranteed
by the United States of America;
. Obligations of the State of New York;
. Obligations of the Village, but only with monies in a reserve fund
established pursuant to GML, S6-c, 6-d, 6-e, 6-9, 6-h, 6-j, 6-k, 6-1, 6-m,
or 6-n.
All investment obligations shall be payable or redeemable at the option of the
Village within such times as the proceeds will be needed to meet
expenditures for purposes for which the monies were provided and, in the
case of obligations purchased with the proceeds of bonds or notes, shall be
payable or redeemable at the option of the Village within two years of the
date of purchase.
XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
All financial institutions with which the Village conducts business must be
credit worthy. Banks shall provide their most recent Consolidated Report of
Condition (Call Report) at the request of the Village. Security dealers not
affiliated with a bank shall be required to be classified as reporting dealers
affiliated with the New York Federal Reserve Bank, as primary dealers. The
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Village is responsible for evaluating the financial position and maintaining a
listing of proposed depositaries, trading partners and custodians. Such listing
shall be evaluated at least annually.
XII. PURCHASE OF INVESTMENTS
All purchased obligations, unless registered or inscribed in the name of the
Village, shall be purchased through, delivered to and held in the custody of a
bank or trust company. Such obligations shall be purchased, sold or
presented for redemption or payment by such bank or trust company only in
accordance with prior written authorization from the officer authorized to
make the investment. All such transactions shall be confirmed in writing to
the Village by the bank or trust company. Any obligation held in the custody
of a bank or trust company shall be held pursuant to a written custodial
agreement as described in General Municipal Law, $10.
The custodial agreement shall provide that securities held by the bank or trust
company, as agent of and custodian for, the Village, will be kept separate
and apart from the general assets of the custodial bank or trust company and
will not, in any circumstances, be commingled with or become part of the
backing for any other deposit or other liabilities. The agreement shall
describe how the custodian shall confirm the receipt and release of the
securities. Such agreement shall include all provisions necessary to provide
the Village a perfected interest in the securities.
APPENDIX A
Schedule of Eligible Securities
1. Obligations issued, or fully insured or guaranteed as to the payment of principal
and interest, by the United States of America, an agency thereof or a United
States government sponsored corporation.
2. Oblígations issued or fully guaranteed by the lnternational Bank for
Reconstruction and Development, the lnter-American Development Bank, the
Asian Development Bank, and the African Development Bank.
3. Obligations partially insured or guaranteed by any agency of the United States of
America, at a proportion of the Market Value of the obligation that represents the
amount of the insurance or guaranty.
4. Obligations issued or fully insured or guaranteed by the State of New York,
obligations issued by a municipal corporation, school district or district
corporation of such State or obligations of any public benefit corporation which
under a specific State statute may be accepted as security for deposit of public
monies.
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5. Obligations issued by states (other than the State of New York) of the United
States rated in one of the three highest rating categories by at least one
nationally recognized statistical rating organization.
6. Obligations of Puerto Rico rated in one of the three highest rating categories by
at least one nationally recognized statistical rating organization.
7. Obligations of counties, cities and other governmental entities of a state other
than the State of New York having the power to levy taxes that are backed by the
full faith and credít of such governmental entity and rated in one of the three
híghest rating categories by at least one nationally recognized statistical rating
organization.
8. Obligations of domestic corporations rated ín one the two highest rating
categories by at least one nationally recognized statistical rating organization
9. Any mortgage related securities, as defined in the Securities Exchange Act of
1934, as amended, which may be purchased by banks under the limitations
established by bank regulatory agencies.
10. Commercial paper and bankers' acceptances issued by a bank, other than the
bank, rated ín the highest short-term category by at least one nationally
recognized statistical rating organization and having maturities of no longer than
60 days from the date they are pledged.
11.Zero coupon obligations of the United States government marketed as "Treasury
strips".
Adoption of Board of Trustees Rules of Procedure
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board voted
unanimously to adopt the following Board of Trustees Rules of Procedures:
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES
RULES OF PROCEDURE
Pursuant to New York Village Law S4-412(2),but subject to the other provisions of
New York Law and the Village of Briarcliff Manor Code, the following rules of procedure are
adopted and shall govern the meetings of the Board of Trustees of the Village of Briarcliff
Manor:
PART A: MEETINGS
SECTION A1 - Regular Meetings
The Board of Trustees generally will hold regular meetings on the 1't and 3'd Wednesday of
each month. Such regular meetings shall commence at 8:00 PM and be conducted in the
Courtroom at the Municipal Building. Any deviation from this schedule shall be determined
by the Board of Trustees.
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SECTION A2 - Special Meetings
Special Meetings of the Board of Trustees are allthose Board meetings otherthan regular
meetings. A special meeting may be called by the Mayor or a majority of the Board of
Trustees upon notice to the entire Board. Notice shall be given in accordance with law.
SECTION A3 - Executive Sessions
Executive Sessions shall be held in accordance with the New York State Public Officers
Law $105. All executive sessions shall be commenced in a public meeting. (Appendix I
Executive Session Policy)
SECTION A4 - Work Sessions
Work Sessions of the Board of Trustees are those Board meetings scheduled to discuss
upcoming agenda items or other matters as may be determíned by the Mayor or three (3)
members a of the Board. These meeting are open to the public, however comments from
the public will be allowed in the discretion of the Mayor or a majority of the Board present.
Notice shall be given in accordance with law.
PART B: POLICIES
SECTION Bl - Quorum
A quorum of the Board of Trustees shall be required to conduct business. A quorum of the
five (5) member Board shall be three (3). ln the absence of a quorum, a lesser number
may adjourn and compel the attendance of absent members.
SECTION 82 - Voting
Pursuant to Village Law each member of the Board of Trustees shall have one vote. The
Mayor may vote on any matter and must vote in case of a tie. The affirmative vote of three
(3) members of the Board is necessary to pass a matter unless othenruise specified by New
York State Law.
A vote upon any question shall be taken by ayes and nays, and shall be entered in the
minutes.
SECTION 83 - Agendas
The agenda shall be prepared by the Village Clerk by Friday preceding the Wednesday
meeting. The Mayor or any Trustee may have an item placed on the agenda by giving the
same to the Village Manager the Friday morning before the Wednesday meeting.
However, an item may be placed on the agenda at anytime, including during the meeting,
by consent of a majority of the Board. lf necessary a supplemental agenda shall be
distributed at the beginning of the meeting.
SECTION 84 - Order of Business
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The order of business shall be
. Callto order
. Public Hearings
. Board of Trustees Announcements
. Village Manager's Report and Updates
. Public Comments
. Resolutions
' Approval of Minutes
' Adjournment
The order of business need not be followed if the Mayor determines that it is appropriate to
deviate.
SECTION 85 - Adjournment
Meetings shall be adjourned by motion and majority vote
SECTION 86 - Minutes
Minutes at all Board of Trustee meetings shall be the responsibility of the Village Clerk,
who with Board of Trustee approval may employ the services of a person to take minutes.
Minutes of an open meeting shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and the vote thereon. Minutes of an
executive session shall be taken of any action that is taken by formal vote and shall consist
of a record or summary of the final determination of such action and the vote thereon;
provided, however, that such summary need not include any matterwhich is not required to
be made public by the New York State Freedom of lnformation Law.
Minutes shall also include the following
. Name of the Board;
. Date, place and time of meeting;
. Notation of presence or absence of Board members and time of
arrival or departure if different from time of call to order and
adjournment.
. Name and title of other village officials and employees present in an
official capacity.
. Record of communications presented to the Board.
. Record of reports made by Board or other víllage personnel.
. Time of adjournment.
. Name of Village Clerk or person who took the minutes.
Minutes need not contain a summary of the discussion leading to action taken or include
verbatim comments unless a majority of the Board resolves to have the Clerk do so.
Minutes shall be considered for approval at the next Board meeting after the minutes are
received by the Village Clerk.
PART C; RULES AND PROCEDURES
SECTION G1 - General Rules of Procedure
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The Mayor shall preside at meetings of the Board of Trustees. ln the Mayor's absence the
Deputy Mayor shall preside. The presiding officer may debate, move and take other action
that may be taken by other members of the Board.
Board members are not required to rise but must be recognized by the presiding officer
before making motions and speaking. A member, once recognized shall not be interrupted
when speaking unless it is to call the member to order. lf a member, whíle speaking, be
called to order, he or she shall cease speaking until the question of order is determined,
and, if in order, he or she shall be permitted to proceed.
There is no limit to the number of times a member may speak on a question
Motion to close or limit debate may be entertained but shall require the affirmative vote of
three (3) members of the Board.
Procedural questions which are not governed by New York State law orthe Village Code or
addressed in these Rules of Procedure shall be determined in accordance with Roberf's
Rules of Order.
SECTION C2 - Guidelines for Public Comment
The public shall be allowed to speak only during Public Hearings, Public Comment periods,
on Board of Trustees agenda items, or such other times as the presíding officer shall allow.
Speakers must be recognized by the presiding officer
Speakers must step to the front of the room and speak into the microphone or at the
lectern should one be provided. Speakers are not to approach the dais without invitation
and are directed to make their remarks from the microphone or lectern.
Speakers must give their name, address and organization represented, if any
No items or documents may be placed on the dais or presented to the Board unless either
authorization is requested and granted by the presiding officer or a Board member
specifically requests to see an item. All items for presentation that are granted
authorization or requested by a Board member shall be presented to the Village Clerkwho
shall pass it the Board.
There shall be no time limit for remarks during a public hearing, however, remarks must
relate directly to the public hearing topic. During the Public Comment portion of the
agenda, speakers must limit their remarks to four (4) minutes, and may be recognized
again by the presiding officer after other speakers have had an opportunity to speak. On
Board of Trustees agenda items, speakers must limit their remarks to one and one-half (1
Tz) minutes and the remarks must relate directly to the specific agenda item under
discussion at that time by the Board of Trustees.
Speakers may not yield any remaining time they may have to another speaker
Board members may, with the permission of the presiding officer, interrupt a speaker
during the speaker's remarks, but only for the purpose of clarification or information.
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All remarks shall be addressed to the presiding officer
Board members may respond to questions or comments at their discretion
Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and
good taste and shall not use foul language, display unacceptable behavior, or be disruptive
of the proceedings.
Abuzzer or other alarm will sound to indicate that a speaker's four (4) minute time limit for
Public Comment or one and one half (1 Tz) minute time limit for an agenda item has been
reached. Upon being notified by the presiding officer that his or her time limit has been
reached, a speaker shall cease speaking, leave the microphone or lectern, if one is
provided, and return to his or her seat unless a Board member requests him or her to
remain to address a question of the Board member.
lnterested parties or their representatives may address the Board with written
communications. Written communications shall be delivered to the Village Manager or
Village Clerk. Speakers may not read written communications verbatim but should
summarize their contents.
The presiding officer may modify these guidelines if warranted
SECTION C3 - Use of Recording Equipment
All members of the public and all publíc offícials are allowed to photograph and tape or
video record public meetings so long as the photography or recording is done in a manner
which does not interfere with the meeting. Neither photography nor recording is allowed
during executive sessions. The presiding officer may make the determination that the
photography or recording is being done in a manner that interferes with the meeting after
taking into consideration attendant movement and activity, distance from the deliberations
of the Board, noise, size of equipment, ability of the public to participate in the meeting
notwithstanding the photography or recording, and any other pertinent factor. In the use of
photographic orvideo recording no flashes or other supplementary lighting equipment may
be used beyond that of existing ambient lighting of the room. lf the presiding officer makes
the determination that the photography or recording is interfering with the meeting, the
presiding officer may request an accommodation to avoid the interference and if not
sufficient or complied with, order the photography or recording to be stopped.
SECTION C4 - Amendments to the Rules of Procedure
The foregoing procedures may be amended from time to time by the affirmative vote of
three (3) members of the Board.
SECTION C5 - Executive Session Policy
It is the policy of the Board of Trustees of the Village of Briarcliff Manor to conduct
Village business in an open fashion and to make available as much information as may
legally and practically be disseminated.
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The New York Open Meetings Law authorizes the Board to conduct business in
executive session in a number of areas. These include:
1 matters which will imperil the public safety if disclosed;
2 matters which may disclose the identity of a law enforcement agent or
informer;
3. information relating to criminal investigations which would imperil
effective law enforcement if disclosed;
4. discussions relating to proposed, pending or current litigation;
5. collective bargaining negotiations;
6. personnel matters relating to particular individuals; and
7. the proposed acquisition, sale, or lease of real property or securities
when disclosure would substantially affect the value.
The Board recognizes that it is authorized to use executive sessions in these and
other situations, but will do so with restraint.
To maintain confidentiality and to encourage the uninhíbited discussion of the
subject matter in Executive Session, all statements made and positions taken by all
participants must remain confidential and may not be disclosed by any participant unless
and until disclosure is authorized by affirmative vote of three members of the Board.
It has been and continues to be the practice of the Board that all members of the
Board, acting together, come to agreement by consensus on the specific information which
is to be released to the public, the suitable vehicle for reporting that information, and the
timing of the reporting.
Originally adopted by the Board of Trustees at its Organizational Meeting on April 7, 2005
and amended on July 20, 2006, April 9, 2007, November 5, 2009, April6, 2011 andApril4,
2012.
Policies and Procedures for Advisorv Committees
Upon motion by Trustee Wilson, seconded by Trustee DeRose, the Board voted
unanimously to approve the following Policies and Procedures for Advisory Committees
as amended:
Formation of new committees:
- A title and mission statement will be developed for any proposed committee and
formally approved and established by the Board of Trustees.
- Such committees are constituted by, serve at the pleasure of, and report to the
Board of Trustees.
- The formation of any new committee will be announced in a public meeting, the
newsletter and posted on the web and scroll.
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Comm ittees' information, find ings, conclusions and recommendations where
requested, will be considered advisory rather than binding by the Board of
Trustees. The Board of Trustees at all times retains its rights to exercise final
decisions in the governance of the Village.
Composition
- Committee membership will be limited to a workable odd number.
- One member will be a representative from the Board of Trustees. The Mayor
shall be an ex officio member of all committees with the right to make motions,
speak and vote, and when present shall be counted in determining a quorum.
- Membership on committees will be representative of the community.
- Village residents, village business people, village property owners, and residents
of the 10510 zip code may serve on ad hoc committees.
- The BOT shall make their best efforts to appoint a new member within one
month to fill the unexpired term of a committee member.
Operations
- Quorum: A quorum of any committee is a simple majority of the members
appointed. A quorum must be present to conduct business.
Structure: All committees will have a chair, vice-chair and secretary who will be
responsible for meeting minutes. Committee members' names and village-
generated e-mail addresses will be posted on the web.
Attendance and Participation: The obligation is to attend committee meetings.
Any member who is absent for three consecutive meetings, without providing
reasonable cause to the Chair, will be deemed to have resigned. Committees
are working committees; all members are expected to be prepared for the
meeting and participate actively.
Meetings
o Committee meetings will start promptly at the time for which they were
called.
a A committee will strive for consensus. lf it cannot achieve consensus,
it shall act by a simple majority of the members.
a All deliberations will be conducted in an open, respectful and inclusive
manner.
Meeting Notification: Advance notice, including an agenda, will be given for all
meetings. Notices about committee work will be posted on the web site.
Meeting Minutes: Written minutes will be taken at all committee meetings.
Minutes may follow a standard template including the time, date and location of
meeting, who attended, the topic of discussion, and any action taken.
Non-members may submit their views and comments on committee activities via
e-mail or written correspondence. Committees will not be required to respond to
public comments.
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Discharge: Members may be discharged from a committee by the Board of
Trustees as a result of the village's conflict of interest policy, lack of attendance,
misconduct or resignation.
Reports and Public Statements: An annual report from the committee shall be
submitted to the BOT by the end of February. Any committee report, including
summary recommendations and the annual report, is to be presented first to the
BOT prior to public presentation of same.
Volunteerism: Committee members shall serve without remuneration, but will be
reimbursed for "out of pocket" expenses incurred in performing their duties.
These expenses must be preauthorized by the Village Manager or designate.
Village staff will provide committees with such public information, clerical
assistance and other help as necessary for them to conduct their work.
Draft Documents: Draft documents, including minutes and all committee reports,
are confidential until formally approved by a majority of the committee. No draft
documents should be retained in committee files. Public distribution of draft
documents or any committee report prior to adoption by the committee shall be
grounds for dismissal.
Adiournment:
Upon motion by Trustee Wilson and seconded by Trustee DeRose, the Board voted
unanimously to close the meeting at 7:48 p.m.
Respectfully submitted by,
Christine Dennett
18
Village Board of Trustees
Regular Meeting
April 6, 2016
8:00 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held in the Village of Briarcliff Manor Village Hall, at 1111
Pleasantville Road, Briarcliff Manor, New York on the 6th of April, 2016
commencing at 8:00 p.m.
Present
LoriA. Sullivan, Mayor
Mark Pohar, Deputy Mayor
Cesare DeRose, Jr. Trustee
Mark L. Wilson, Trustee
Bryan Zirman, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Edward Ritter, Village Treasurer
Clinton Smith, Village Counsel
Public Hearinq Fiscal Year 2016-2O17 Tentative Budqet (to be continued to
April 20th)
The Mayor opened the Public Hearing
Village Treasurer, Edward Ritter gave an overview of the FY2016-2017 Tentative
Budget.
The Board had general discussion regarding the Tentative Budget and thanked
the Village Treasurer, Deputy Village Treasurer, Village Manager and Village
Staff for all their hard work.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees does hereby adjourn the Public
Hearing for the Fiscal Year 2016-2017 Tentative Budget to Wednesday, April 20,
2016 at 8:00pm.
Public Hearino for a Local Law to Amend Ghapter 54 with Respect to
Residencv Reouirements for Anooi d Officers Particularlv the Chief of
Police and Lieutenants
The Mayor opened the Public Hearing
1
Village Manager Zegarelli explained the proposed amendment to Chapter 54 of
the Village Code.
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to adjourn the Public Hearing to Amend Chapter 54 with
Respect to Residency Requirements for Appointed Officers Particularly the Chief
of Police and Lieutenants to Wednesday, April 20, 2016 at 8:00pm.
Public lnformational Meetinq on a Water Gonsolidation Feasibilitv Studv
Completed for the Villaqes of Briarcliff Manor, Sleepv Hollow and
Tarrvtown
Village Manager Zegarelli gave an overview of the study. He stated any
comments can be received up until April 20th.
Upon motion by Trustee Wilson, seconded by Trustee Zirman, the Board voted
unanimously to adjourn the Public Informational Meeting on a Water
Consolidation Feasibility Study to Wednesday, April 20, 2016 at 8:00pm.
Board of Trustees Announcements bv Mavor Sullivan
o Deepest condolences to the Turiano Family for their loss. She thanked
the Village Staff for continuing the operation of the Building Department.
a The Recreation Advisory Committee held a public meeting regarding the
rebuild of the pavilion and thanked all residents that attended and
submitted comments. The next meeting wíll be on April 19th and all
residents are asked to submit any further comments by that date.
o The Town of Ossining Re-Valuations were sent out to residents. The
Board has asked Ossining to hold an informational meeting for residents
with concerns.
a A Public Hearing will be held to discuss the Monte Nido proposalfor 233
Pine Road on April 13,2016 at 7:00pm.
Board of Trustees Announcements bv Deputv Mavor Pohar
o The Library is very busy with upcoming programs. Their new brochure is
available on their website.
. The Fire Department is holding a Blood Drive on April 9th from 9am-3pm.
o The Spring/Summer Brochure for Recreation is available on the website.
. The Day Camp dates are July Sth through August 5th. Registration is
undenruay.
. Multi-sport camps will be offered.
o Thank you to all that participated in the Spring Egg Hunt.
. Stash the Trash is a self-directed effort from April 9th through April 24th.
Contact the Recreation Department for more information.
Villaqe Manaqers Report bv Villaqe Manaqer Zeqarelli
2
. Law Park update: The pool deck level work is undenruay and the plans for
the rebuild will be finalized soon.
o The Community Center furniture is ordered.
o The Pump Station is up and running.
o The Comfort Station is waiting for final approval.
o The Westchester County Mobile Shredder will be at the Youth Center on
April 9th from 10am-1pm.
Public Gomments
There were no public comments.
Tax Gertioraris
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
137 OPERATORS HOLDING
WHEREAS, 137 Operators Holding (1360 Pleasantville Road) instituted tax
certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the
State of New York; and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years
2009-2010; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal
years 2010-2011 and 2011-2012; and
WHEREAS, a Consent Order of the Supreme Court of the State of New York,
County of Westchester, was entered on January 27,2016;
WHEREAS, the Consent Order was received after the finalization of the approval
of the Village budget for Fiscal Years 2010-2011 and 2011-2012;
WHEREAS, the Consent Order reduced the tax assessment for the subject
property for the Fiscal Years 2010-2011 and 2011-2012 assessment roll; and
NOW THEREFORE, BE lT RESOLVED that the Board of Trustees does hereby
authorize the refund of the tax bill for Fiscal Years 2010-2011 and 2011-2012in
the amount of $9,811.59 based upon the reduced assessment values in the
Consent Order.
New
Assessed Assessed Assessment Original Tax Reduced
Year Address Value Value Reduction Amount TaxAmount Refund Abatement
ô
J
2009 1360 Pleasantville Rd. $159,000 $103,350 $55,650 $l 3,882.1 I $9,023.36 $4,858.74
2010 1360 Pleasantville Rd. $1 59,000 $103,350 $55,650 $14,'1 5l .00 $9,198.15 $4,952.85
$1 11,300 $9,811.59
TOTAL
TOTAL AV REVENUE
$9,811 .59
REDUCTION REDUCTION
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
1360 PLEASANTVILLE ROAD LLC
WHEREAS, 1360 Pleasantville Road LLC instituted tax certiorari proceed¡ngs
pursuant to Article 7 of the Real Property Tax Law of the State of New York; and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years
2011-2015; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal
yea rs 20 1 2-20 1 3, 20 1 3-20 1 4, 20 1 4-20 1 5, 20 1 5-20 16 a nd 201 6-20 17 ; and
WHEREAS, a Consent Order of the Supreme Court of the State of New York,
County of Westchester, was entered on March 11,2016;
WHEREAS, the Consent Order was received after the finalization of the approval
of the Village budget for Fiscal Years 2012-2013,2013-2014,2014-2015 and
2015-2016;
WHEREAS, the Consent Order reduced the tax assessment for the subject
p rope rty for the F isca I Years 20 1 2-20 1 3, 20 1 3-20 1 4, 20 1 4-20 1 5, 20 1 5-2016 a nd
2016-2017 assessment roll; and
NOW THEREFORE, BE lT RESOLVED that the Board of Trustees does hereby
authorize the refund of the tax bill for Fiscal Years 2012-2013,2013-2014,2014-
2015 and 2015-2016 in the amount of $21,183.84 based upon the reduced
assessment values in the Consent Order.
New
Assessed Assessed Assessment Original Tax Reduced
Year Address Value Value Reduction Amount Tax Amount Refund Abatement
2011 1360 Pleasantville Rd $1 59,000 $103,350 $55,650 $'14,360 88 $9,334 57 $5,026.31
2012 1360 Pleasantville Rd. $159,000 $103,350 $55,650 $14,944.09 $9,713.66 $5,230.43
2013 1360 Pleasantville Rd $159,000 $1 03,350 $55,650 $r 5,449.39 $1 0,042.1 I $5,407.29
2014 1360 Pleasantville Rd. $1 59,000 $1 03,350 $55,650 $15,770 89 $10,251 08 $5,s19.81
ç222,600 $21,183.84
4
TOTAL
TOTAL AV REVENUE
$21,183.84
REDUCTION REDUCTION
Fire Department Service Awards Program for 2015
Trustee DeRose recused himself.
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, with one
abstention by Trustee DeRose, the Board voted to approve the following
resolution:
BE lT RESOLVED, that the Volunteer Firefighter Service Award Program list for
all2015 active firefighters of the Briarcliff Manor Fire Company, the Briarcliff
Manor Hook, Ladder & Fire Company and the Scarborough Engine Company is
hereby approved.
BE lT FURTHER RESOLVED that the list and certification shall be directed to
the respective fire companies for posting for a period of thirty (30) days.
Fire Department Membership - Wolfson
The Board thanked Ms. Wolfson for volunteering
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the followíng resolution:
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the under 18 membership of Annabella Wolfson to the
Briarcliff Manor Hook and Ladder Company.
Acceptance of Donations from the Friends of the Briarcliff Manor Public
Librarv
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees hereby accepts a donation in the
amount of $1,650.39 from the Friends of the Library for the purposes of
purchasing new furniture for the Young Adult Room for the Briarcliff Manor Public
Library.
lncrease Revenue - Gifts
(L0108.2705) by $ 1,650. 39
Increase Expenses - Special Matching Expenses
(L7 410.206) by $t,650.39
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BE lT FURTHER RESOLVED, that the Board of Trustees hereby accepts a
donation in the amount of $2,000 from the Friends of the Library, as custodian for
the Readers Digest Grant, for the purposes of purchasing e-books from
Overdrive for the Briarcliff Manor Public Library.
lncrease Revenue - Gifts
(L0108.2705) by $2,000
lncrease Expenses - Special Matching Expenses
(L7410.206) by $2,000
Adiournment
Upon motion by Trustee Zirman, seconded by Deputy Mayor Pohar, the Board
voted unanimously to adjourn the regular meeting at 9:20pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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